In the Matter of Kyphon, Inc., a corporation, Disc-O-Tech Medical Technologies Ltd., a corporation, and Discotech Orthopedic Technologies Inc., a corporation

FTC Matter/File Number:

071 0101

Enforcement Type:

Part 2 Consents

Case Summary

The Commission challenged Kyphon Inc.’s $220 million proposed acquisition of the spinal assets of Disc-O-Tech Medical Technologies, Ltd. and Discotech Orthopedic Technologies (collectively Disc-O-Tech) as anticompetitive in the market for minimally invasive vertebral compression fracture treatment products in the U.S. Disc-O-Tech’s Confidence products promised real benefits to patients in treating these painful fractures in a minimally invasive way, and threatened Kyphon’s near-monopoly on treatment options. The Commission’s consent order required that Kyphon divest all assets, intellectual property and development rights related to the Confidence brand to an FTC-approved buyer